While there is no ex-ante check by a judge in the case of requests for voluntary disclosure, business operators to whom such requests are addressed can object to them without risking any negative consequences (and will have to take into account the privacy impact of any disclosure). Moreover, according to Article 192(1) of the CCP, police officials shall always cooperate and coordinate their actions with the public prosecutor (and the Prefectural Public Safety Commission) (105). In turn, the public prosecutor may give the necessary general instructions setting forth standards for a fair investigation and/or issue specific orders with respect to an individual investigation (Article 193 of the CCP). Where such instructions and/or orders are not followed, the prosecution may file charges for disciplinary action (Article 194 of the CCP). Hence, the Prefectural Police operates under the supervision of the public prosecutor.

Third, an individual who disagrees with a seizure decision (warrant) (118) concerning his/her personal data by a judge, or with the measures by the police or prosecution executing such a decision, may file a request for that decision or such measures to be rescinded or altered (Articles 429(1), 430(1), (2) of the CCP, Article 26 of the Wiretapping Act) (119). In the case where the reviewing court considers that either the warrant itself or its execution ("procedure for seizure") is illegal, it will grant the request and order the seized articles to be returned (120).

This includes making use of the procedural rights under the Code of Criminal Procedure. For instance, "[w]here the evaluation reveals that an individual is a suspect in a criminal case, the PPC will inform the individual about that fact" (123) as well as the possibility pursuant to Article 259 of the CCP to ask the prosecution to be notified once the latter has decided not to initiate criminal proceedings. Also, if the evaluation reveals that a case involving the personal information of the individual has been opened and that the case is concluded, the PPC will inform the individual that the case record can be inspected pursuant to Article 53 of the CCP (and Article 4 of the Act on Final Criminal Case Records). Gaining access to his/her case record is important as it will help the individual to better understand the investigation carried out against him/her and thus to prepare an eventual court action (e.g. a damages claim) in case (s)he considers his/her data was unlawfully collected or used.

Moreover, in order to allow the Commission to effectively carry out its monitoring function, the Member States should inform the Commission about any relevant action undertaken by the national data protection authorities ("DPAs"), in particular regarding queries or complaints by EU data subjects concerning the transfer of personal data from the European Union to business operators in Japan. The Commission should also be informed about any indications that the actions of Japanese public authorities responsible for the prevention, investigation, detection or prosecution of criminal offences, or for national security, including any oversight bodies, do not ensure the required level of protection.